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Disability Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 31 - 49 of 49

Full-Text Articles in Disability Law

Making Accessible Futures: From The Capitol Crawl To #Cripthevote, Faye Ginsburg, Rayna Rapp Dec 2017

Making Accessible Futures: From The Capitol Crawl To #Cripthevote, Faye Ginsburg, Rayna Rapp

Cardozo Law Review

The article examines the evolving recognition and integration of disability rights in American society, emphasizing the transformative impact of the Americans with Disabilities Act (ADA) and the cultural shift towards inclusivity. It highlights the growing demographic presence of individuals with disabilities, the role of activism, and the importance of inclusive design and representation in media and politics. The authors argue that while significant progress has been made, ongoing advocacy is crucial to address persistent challenges and ensure the full recognition of disability as a valued aspect of human diversity.


"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin Oct 2017

"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.


Alternatives To Immigration Detention, Fatma E. Marouf Aug 2017

Alternatives To Immigration Detention, Fatma E. Marouf

Cardozo Law Review

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.


Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend Feb 2017

Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend

Cardozo Law Review

The note advocates for a more rigorous and proactive approach to incorporating assistive technology (AT) in special education, arguing that it is essential for ensuring students with disabilities receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). It critiques the current legal standard established by Rowley as insufficient, calling for a higher threshold that prioritizes maximizing educational opportunities. The analysis emphasizes the importance of comprehensive AT evaluations and the need for systemic improvements to prevent procedural violations and ensure effective implementation of AT in Individualized Education Programs (IEPs).


Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley Oct 2016

Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley

Cardozo Law Review

No abstract provided.


Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff Aug 2016

Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff

Cardozo Law Review

No abstract provided.


2016 Cardozo Public Law, Policy, And Ethics Journal Symposium Jul 2016

2016 Cardozo Public Law, Policy, And Ethics Journal Symposium

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein Jan 2016

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.


Social Anxiety Disorder And The Americans With Disabilities Act's Impact On A Professional Athlete's Media Obligations, Matthew Gollub Jan 2016

Social Anxiety Disorder And The Americans With Disabilities Act's Impact On A Professional Athlete's Media Obligations, Matthew Gollub

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement Jan 2016

Making The Cut: The State Of Public School Athletics For Disabled Students, Olivia Clement

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Social Model's Case For Inclusion: "Motivating Factor" And "But For" Standards Of Proof Under The Americans With Disabilities Act And The Impact Of The Social Model Of Disability On Employees With Disabilities, Lisa Schlesinger Jun 2014

The Social Model's Case For Inclusion: "Motivating Factor" And "But For" Standards Of Proof Under The Americans With Disabilities Act And The Impact Of The Social Model Of Disability On Employees With Disabilities, Lisa Schlesinger

Cardozo Law Review

No abstract provided.


A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev Jan 2011

A New Normative Approach For The Grant Of Asylum In Cases Of Non-State Actor Persecution, Mikhail Izrailev

Cardozo Journal of International and Comparative Law

The note critiques the inconsistent application of the "unable or unwilling" standard in asylum cases, particularly regarding nonstate actor persecution, and advocates for adopting the New Zealand Refugee Status Appeals Authority's standard. This standard focuses on the existence of a real risk of persecution, irrespective of governmental efforts, to align with the Refugee Convention's nonrefoulement principle and better safeguard asylum seekers' rights.


Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen Jan 2011

Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Super Bowl Hero To Bank Account Zero, Scott Hollander Jan 2009

Super Bowl Hero To Bank Account Zero, Scott Hollander

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Frank S. Bloch, Jeffrey S. Lubbers, Paul R. Verkuil Nov 2003

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Frank S. Bloch, Jeffrey S. Lubbers, Paul R. Verkuil

Cardozo Law Review

No abstract provided.


The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel Jan 2002

The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Table Of Contents - Cardozo Law Review, Volume 15, Issue 5 Mar 1994

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.


Framing The Compensation Inquiry, Elizabeth Rolph Apr 1992

Framing The Compensation Inquiry, Elizabeth Rolph

Cardozo Law Review

No abstract provided.


Athlete Agent Regulation: Proposed Legislative Revisions And The Need For Reforms Beyond Legislation, Kenneth L. Shropshire Jan 1989

Athlete Agent Regulation: Proposed Legislative Revisions And The Need For Reforms Beyond Legislation, Kenneth L. Shropshire

Cardozo Arts & Entertainment Law Journal

No abstract provided.